Employer’s Conviction In Fatality Case Upheld, But Sentence Reduced

The Sixth District Court of Appeal rules that a concrete contractor was properly convicted for failing to have workers’ comp coverage, offering a doctored cert, filing a false exemption, and tax evasion. The appeals court also upheld a $10,000 fine.  But ordered the lower court to reduce Ian Czirban’s sentence from three years of federal … Read More »

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Political Organizations Caught in AB 5 Web

Three organizations tied to political campaigns are asking the Ninth Circuit Court of Appeal to overturn a lower court and grant their request for a preliminary injunction barring application of AB 5’s ABC test to the independent contractors they hire. The companies provide signature gathering and door-knocking services and manage initiative campaigns. The issue appears … Read More »

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Court Rules On Uber Drivers’ Arbitration Claims

The Ninth Circuit Court of Appeal says that an arbitrator, not the courts, should handle misclassification disputes between Uber Technologies and a purported class of drivers who claim they should be classified as employees instead of independent contractors. The case involves a group of drivers from Massachusetts, but Uber successfully removed the case to Northern … Read More »

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Federal Court Bounces AB 5 Challenge By Postmates, Uber, And Drivers

The U.S. District Court for the Central District of California dismissed a lawsuit filed by gig economy companies Postmates and Uber to block the state from applying AB 5’s ABC test to their past operations. Two drivers had also joined in the challenge. The dismissal was the second in the case, and the court was … Read More »

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The PRO Act Pitfall

On April 28, before a Joint Session of Congress, President Biden said many things. Included in his address was, “Good guys and women on Wall Street, but Wall Street didn’t … Read More »

Small Contractors, AB 5, & Presumptions in Workers Comp Legislation

The California Legislature is still early in the bill introduction process, but a few bills have implications for the workers’ comp system. Most direct is one to require more small contractors to carry workers’ comp coverage. Another would expand workers’ comp presumptions for employees in acute care hospitals. Two other bills are directed at limiting … Read More »

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